Opinion
4:24-cv-05015-RHW
06-10-2024
DAWN C.,[1] Plaintiff, v. MARTIN O'MALLEY, COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER GRANTING STIPULATED MOTION FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) AND CLOSING FILE
ECF NOS. 7, 10
ROBERT H. WHALEY, Senior United States District Judge
Before the Court is the parties' Stipulated Motion for Remand, ECF No. 10, requesting remand of the above-captioned matter to the Commissioner for additional administrative proceeding pursuant to sentence four of 42 U.S.C. § 405(g). Attorney Thomas Bothwell represents Plaintiff. Attorney Lori Lookliss represents Defendant.
After consideration, IT IS HEREBY ORDERED that:
1. The parties' Stipulated Motion for Remand, ECF No. 10, is GRANTED.
2. The above-captioned case be REVERSED and REMANDED to the Commissioner of Social Security for further administrative proceeding pursuant to sentence four of 42 U.S.C. § 405(g).
The parties have stipulated to the following instructions. On remand, the Appeals Council will instruct the ALJ to:
• Develop the record as necessary and reconsider all relevant issues;
• Re-evaluate the medical opinion evidence;
• Discuss supportability and consistency;
• Re-evaluate Plaintiff's maximum residual functional capacity and explain restriction not adopted in the RFC finding; and
• Issue a new decision.See ECF No. 10 at 2.
3. Judgment shall be entered for PLAINTIFF.
4. Plaintiff's Motion for Summary Judgment, ECF No. 7, is STRICKEN AS MOOT.
5. Upon proper presentation, this Court consider Plaintiff's application for fees and expenses under the Equal Access to Justice Act, 28 U.S.C. § 2412(d).
The District Court Executive is directed to enter this Order, enter Judgment in favor of Plaintiff, forward copies to counsel, and CLOSE THE FILE.